Michigan Laws 552.604 – Support order to provide for order of income withholding; order of income withholding by operation of law; notice; effective date of order
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(1) After July 1, 1983, each support order entered or modified by the circuit court shall provide for an order of income withholding.
(2) Each support order entered by the circuit court on or before July 1, 1983 shall be considered to provide for an order of income withholding by operation of law, and income withholding shall be implemented under the same circumstances and enforced in the same manner as in the case of orders of income withholding required by subsection (1). The office of the friend of the court shall send notice of the provisions of this subsection by ordinary mail to each payer under a support order entered by the circuit court on or before July 1, 1983 to whom this subsection applies.
Terms Used In Michigan Laws 552.604
- Contract: A legal written agreement that becomes binding when signed.
- Friend of the court case: means that term as defined in section 2 of the friend of the court act, MCL 552. See Michigan Laws 552.602
- Health care coverage: means a fee for service, health maintenance organization, preferred provider organization, or other type of private health care coverage or public health care coverage. See Michigan Laws 552.602
- Income: means any of the following:
(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer. See Michigan Laws 552.602Insurer: means an insurer, health maintenance organization, health care corporation, or other group, plan, or entity that provides health care coverage in accordance with any of the following acts:
(i) The public health code, 1978 PA 368, MCL 333. See Michigan Laws 552.602Office of the friend of the court: means an agency created in section 3 of the friend of the court act, MCL 552. See Michigan Laws 552.602 Order of income withholding: means an order entered by the circuit court providing for the withholding of a payer's income to enforce a support order under this act. See Michigan Laws 552.602 Payer: means an individual who is ordered by the circuit court to pay support. See Michigan Laws 552.602 Source of income: means an employer or successor employer, a labor organization, or another individual or entity that owes or will owe income to the payer. See Michigan Laws 552.602 Support: means all of the following:
(i) The payment of money for a child or a spouse ordered by the circuit court, whether the order is embodied in an interim, temporary, permanent, or modified order or judgment. See Michigan Laws 552.602Support order: means an order entered by the circuit court for the payment of support, whether or not a sum certain. See Michigan Laws 552.602
(3) An order of income withholding in a support order including consideration of any abatements of support entered or modified after December 31, 1990, shall take effect immediately unless 1 of the following applies:
(a) The court finds, upon notice and hearing, that there is good cause for the order of income withholding not to take effect immediately. For purposes of this subdivision, a finding of good cause shall be based on at least all of the following:
(i) A written and specific finding by the court why immediate income withholding would not be in the child’s best interests.
(ii) Proof of timely payment of previously ordered support, if applicable.
(iii) For a friend of the court case, an agreement by the payer that he or she shall keep the office of the friend of the court informed of both of the following:
(A) The name, address, and telephone number of his or her current source of income.
(B) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurer; the policy, certificate, or contract number; and the names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract.
(b) The parties enter into a written agreement that is reviewed and entered in the record by the court that provides for all of the following:
(i) The order of income withholding shall not take effect immediately.
(ii) An alternative payment arrangement.
(iii) For a friend of the court case, that the payer shall keep the office of the friend of the court informed of both of the following:
(A) The name, address, and telephone number of his or her current source of income.
(B) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurer; the policy, certificate, or contract number; and names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract.
(4) Except as otherwise provided in subsection (3)(a) or (b), an order of income withholding in an ex parte interim support order shall take effect after the expiration of 21 days after the order has been served on the opposite party unless the opposite party files a written objection to the ex parte interim support order during that 21-day period.
(5) An order of income withholding that does not take effect immediately as provided in this section shall take effect when the requirement of section 7 is met.
(6) The court for cause or at the request of the payer may order the withholding of income to take effect immediately.
(7) An order of income withholding in a support order entered on or before December 31, 1990 shall take effect when the requirement of section 7 is met.